Court : Uttaranchal
Reported in : 2005(2)AWC1376(UHC)
..... the main grievance of the appellant is that the age of the deceased at the time of the accident was 35 years and the claims tribunal has only applied multiplier of 11, which is not proper. ..... after considering the evidence on record, the learned tribunal has held that the accident took place due to rash and negligent driving by the truck driver.13. ..... the deceased sri anees ahmad sustained fatal injuries in the accident and he succumbed to the injuries at the spot, the report of the aforesaid .incident was lodged at p.s. ..... 2, the national insurance company has also contested the claim petition and filed written statement, in which, it has also denied that the accident took place due to rash and negligent driving. ..... he has denied that the accident took place due to rash and negligent driving.6. ..... this is an appeal arising out of the judgment and award dated 13.5.2002, passed by the motor accident claims tribunal, nainital in motor accident claim petition no. ..... 1 is with regard to the accident due to rash and negligent driving.9. ..... the truck was being driven rashly and negligently due which it met with an accident near village kishanpur, p.s. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(2)AWC1369(UHC)
..... 1 was with regard to the rash and negligent driving by the driver of the vehicle and it was held that the accident had taken place due to rash and negligent driving by the driver of the jeep. ..... 3 was framed regarding valid insurance of the jeep that met with accident and both these issues were answered in affirmative and it was held that the driver of the jeep had valid driving licence and the jeep was insured with the respondent no. 2. ..... brief facts giving rise to the present appeal are that appellants filed a claim petition before the motor accident claims tribunal, champawat, for grant of compensation on account of the death of kalyan ram in a motor vehicle accident on 8.11.2002, near village gallagaon on barakot-lohaghat motor road. ..... the age of the deceased was 50 years at the time of accident and thus by applying a multiplier of 11 a compensation of rs. ..... kalyan ram sustained fatal injuries in the accident and he succumbed at the spot. ..... 1 denied that the accident was caused due to rash and negligent driving by the driver of the vehicle. ..... this is an appeal against the judgment and award dated 3.9.2004, passed by the motor accident claims tribunal, champawat.2. ..... the vehicle was being driven rashly and negligently due to which it met with accident near gallagaon. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(2)AWC1467(UHC)
..... 2, the son of the appellant stating therein that his father was going on the motor cycle and due to the accident, he has also suffered injuries, which has resulted in the loss of efficiency to the extent of 70 per cent ..... remarked, 'the assessment of damages has never been an exact science ; it is essentially practical.the damages for vehicular accidents are in the nature of compensation in money for loss of any kind caused to any person. ..... 1 was examined, who clearly stated in his statement that due to the said accident, he has lost his promotional avenues otherwise at the time of retirement, he would have been drawing the salary of ..... relevant paragraph 9 is quoted below :'broadly speaking while fixing an amount of compensation payable to a victim of an accident, the damages have to be assessed separately as pecuniary damages and special damages. ..... principles of law on compensation for injuries were worked out in 19th century, where railways accidents were becoming common and all actions were tried by jury. ..... he has stated if he would not have met with the said accident, he would have gone to the rank of inspector with the salary ..... the findings of the claims tribunal so far as the accident is concerned, the same has not been challenged by the insurance company either by the ..... , the claim petition was filed on behalf of the appellant sri chandra pal singh rana for grant of compensation on account of the injuries sustained by the him in a motor vehicle accident occurred on 7/8th march, 2003. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC75; 2005(2)AWC1475(UHC)
..... deceased tirath singh survived for about four and a half month after the accident and during that period he got treatment at district hospital, pauri and safdarjang hospital, new delhi ..... the first column gives the age group of the victims of accident, the second column indicate the multiplier and the subsequent horizontal figures indicate the quantum of compensation in thousand payable to the heirs of the deceased victim ..... the claimants alleged that on the date of accident the deceased was going with a marriage party. ..... the present appeal has been directed against the judgment and award dated 8.7.1997, passed by the motor accident claims tribunal, pauri garhwal.2. ..... the claims tribunal after considering the evidence on record held that the deceased was 32 years old at the time of accident and he was earning rs. ..... was with regard to the accident, which was decided in affirmative and it was held that tirath singh died on account of injuries, which he had received in the accident on 25.11.1995. ..... stated the facts giving rise to the present appeal are that appellants filed a claim petition before the motor accident claims tribunal pauri garhwal, for grant of compensation on account of death of sri tirath singh in a motor vehicle accident on 25.11.1995 at 5.00 p.m. ..... age of the deceased at the time of accident was 32 years. ..... if we turn to the second schedule, we find a table fixing the mode of calculation of compensation for third party fatal accident injury claims arising out of the accidents. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC820; 2007ACJ692
..... 4 the tribunal recorded its finding that the accident in question had taken place and had also held that the deceased was 52-53 years old at the time of her death. ..... the death of nirmala devi occurred in the accident, which took place on 4.6.2001 at about 11 a.m. ..... this appeal has been preferred under section 173 of motor vehicles act, 1988 against the judgment and award dated 31.5.2003 passed by motor accidents claims tribunal/additional district judge, hardwar in motor accident claim case no. ..... the occurrence of accident is proved. .....
Tag this Judgment!Court : Uttaranchal
Reported in : IV(2005)ACC165; [2005(105)FLR215]
..... the husband of the petitioner deceased sri durga dutt was driving the truck being an employee at the time of accident, hence the petitioner is entitled to get compensation under workmen's compensation act.3. ..... the commissioner has held that as the truck was validly insured at the time of accident, hence the insurance company is liable to pay compensation to the petitioner.6. ..... therefore, on the date of accident the truck was insured with the appellant. ..... the truck has met with an accident on 2nd june, 1999 on chhinkachhina dhuwamauni road due to some mechanical fault and deceased durga dutt died instantaneously due to injuries sustained in the accident. ..... the accident had taken place on 2nd june, 1999. ..... the truck was loaded with 6 passengers at the time of accident.5. ..... neela devi has filed a claim petition under section 4 of the workmen's compensation act for grant of compensation on account of the death of her husband sri durga dutt in a motor vehicle accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2005)ACC135
..... 1 in favour of the claimant to the extent that sharda devi @ savitri devi who died on 30.10.2001 in jolligrant, dehradun, due to the injuries received by her in the accident, due to rash and negligent driving on the part of the driver of jeep registration no. u.p. ..... kukreti, learned presiding officer of motor accident claims tribunal/ additional district judge/iiird fast track court, dehradun, whereby the claim petition was dismissed by him.2. ..... sharda devi in the accident is not denied. ..... from the evidence on record, it is clear that she died due to the injuries received by her in the accident of said date. ..... it is not a disputed fact that sharda devi died in the accident on 30.10.2001. ..... 10,000/- for expenses of the claim petition were claimed impleading the driver, owner of the jeep and the oriental insurance company with whom the vehicle was insured at the time of the accident. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006ACJ2175
..... employed in an employment for a continuous period, specified under sub-section (2) of section 3 in respect of that employment, ceases to be so employed and develops symptoms of an occupational disease peculiar to that employment within two years of the cessation of employment, the accident shall be deemed to have occurred on the day on which the symptoms were first detected: provided further that the want of or any defect or irregularity in a notice shall not be a bar to the entertainment of a claim-(a) if the claim preferred ..... of the employer or of any person employed by him, and the workman died on such premises or at such place, or on any premises belonging to the employer, or died without having left the vicinity of the premises or place where the accident occurred, or(b) if the employer or any one of several employers or any person responsible to the employer for the management of any branch of the trade or business in which the injured workman was employed had knowledge of the ..... accident from any other source at or about the time when it occurred:provided further that the commissioner may entertain and decide any claim to compensation in any case notwithstanding that the notice has not been .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006ACJ1065
..... to any property of a third party so arising, or both, could be made (a) by the person who has sustained the injury; or (b) by the owner of the property; or (c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or (d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be. ..... do not propose to decide that question in this case) that compensation under that provision has to be fixed on the same basis as is required to be done under fatal accidents act, 1855 (act 13 of 1855), the pecuniary loss to the aggrieved party would depend upon data which cannot be ascertained accurately but must necessarily be an estimate or even ..... section is sub-section (4) which provides that 'the claims tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application for compensation under this ..... the present appeal are that the appellant has filed a claim petition before the motor accidents claims tribunal, chamoli for grant of compensation on account of death of sukha in a motor accident on 31.7.1986 at 12 noon near hanuman chatti, district chamoli garhwal, involving bus ..... was paid under public welfare and social security scheme of the government and as such the ex gratia payment cannot be deducted from the amount of compensation awarded by the motor accidents claims tribunal, as held by the apex court in united india insurance co. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006ACJ222
..... the amount in deposit with this court be remitted to the motor accidents claims tribunal concerned, for being paid to the claimants. ..... aggrieved, the insurance company, appellant, has come up in appeal for setting aside the impugned judgment and award passed by the learned tribunal mainly on the ground that the driver of the vehicle involved in the accident was not holding a valid driving licence nor he was appointed as such by the insured and that the vehicle involved in the accident was not legally transferred in the name of r.p. ..... all these appeals arise out of the same motor accident and out of the common judgment and award passed by the claims tribunal and similar questions are involved for determination in these appeals, therefore, all the cases are being disposed of by this common judgment.2. ..... 1 that the motor accident resulting into injuries and consequent death of the deceased was caused due to rash and negligent driving of the driver of ill-fated car, rajeev kumar agrawal. ..... , by the motor accidents claims tribunal/district judge, nainital (in short 'the tribunal'), whereby learned tribunal has allowed the claim petition and has awarded rs. ..... of the opposite parties including the appellant has said a single word that deceased persons forcibly took possession of the ill-fated maruti car or that they were gratuitous passengers in the vehicle involved in the accident. .....
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